Summary

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

In accordance with Section 309(g)(4)(A) of the Clean Water Act (“CWA”), 33 U.S.C. § 1319(g)(4)(A), and 40 C.F.R. § 22.45 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (“Consolidated Rules”), the Environmental Protection Agency (“EPA”) is providing notice of a proposed Administrative Penalty Assessment against NEBCO, Inc. and Concrete Industries, Inc., for alleged violations at the Nebraska City Ready Mix Concrete Plant located at 918 East 4th Corso, Nebraska City, Nebraska.

Under Section 309(g) of the CWA, 33 U.S.C. § 1319(g), the EPA is authorized to issue orders assessing civil penalties for various violations of the CWA.  The EPA may issue such orders after filing a Complaint commencing either a Class I or Class II penalty proceeding.  The EPA provides notice of the proposed assessment of a Class II civil penalty pursuant to 33 U.S.C. § 1319(g)(4)(A).  Class II proceedings are conducted under the EPA’s Consolidated Rules, 40 C.F.R. Part 22.

In this case, the EPA alleges that Respondents violated the requirements of their NPDES Permit (Permit # NER910191) and discharged pollutants into the waters of the United States, in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§ 1311 and 1342.  The EPA alleges that Respondents failed to include the facility’s material storage area in their NPDES Permit and Stormwater Pollution Prevention Plan and the lack of stormwater controls in that area resulted in unauthorized discharges.  Respondents also failed to implement the SWPPP and adequate controls in the material storage area and the ready-mix plant, failed to adequately perform and document routine facility inspections, failed to perform and adequately perform and document quarterly visual assessments, and failed to perform benchmark monitoring.  Respondent has reached agreement with the EPA on the terms of a proposed Consent Agreement/Final Order which would resolve this matter.  Under the proposed Consent Agreement/Final Order, Respondent will pay a civil penalty of $80,000.  Final approval of the proposed Consent Agreement/Final Order is subject to the requirements of 40 C.F.R. § 22.45.

The EPA will receive written comments on the proposed Administrative Penalty Assessment for a period of thirty (30) days from the date of publication of this notice.  All such comments shall be submitted to the Regional Hearing Clerk at the email address provided below.  The procedures by which the public may submit written comments on a proposed Class II order or participate in a Class II proceeding, and the procedures by which a respondent may request a hearing, are set forth in the Consolidated Rules.  Persons wishing to obtain additional information on the proceeding, receive a copy of the EPA’s Consolidated Rules, review the proposed Consent Agreement/Final Order, comment upon the proposed penalty assessment, or otherwise participate in the proceeding should contact Lisa Haugen, Regional Hearing Clerk, at haugen.lisa@epa.gov or 913-551-7877.  Please reference Docket No. CWA-07-2020-0130.  For technical questions contact Angela Acord, Enforcement and Compliance Assurance Division, at acord.angela@epa.gov or 913-551-7914.  Persons with legal questions may contact Shane McCoin, Office of Regional Counsel, at mccoin.shane@epa.gov or 913-551-7955.  In order to provide opportunity for public comment, the EPA will issue no final order assessing a penalty in this proceeding prior to forty (40) days from the date of this notice.